Why is setting up an LPA for elderly parents urgent?
The older your parents are, the more urgent it is to get their LPAs in place. Mental capacity can be lost in two ways:
- Gradually — conditions like dementia, Alzheimer's disease, and other cognitive decline develop over time. There is often a window where the person still has capacity to make an LPA, but this window closes permanently.
- Suddenly — a stroke, serious fall, brain injury, or other medical emergency can remove someone's capacity overnight. There is no warning and no time to prepare.
Once your parent has lost the ability to understand what an LPA is and what it does, it is too late to create one. The only option at that point is a Court of Protection deputyship — a process that costs thousands of pounds and takes 6–12 months. See our guide on what happens without an LPA.
Can an elderly parent with health issues still make an LPA?
Yes, as long as they have mental capacity at the time of signing. Having a physical disability, being in a care home, or even having an early-stage cognitive condition does not automatically prevent someone from making an LPA.
Mental capacity for an LPA means the person must be able to:
- Understand what an LPA is and what powers it gives
- Understand who they are appointing as attorneys
- Understand the consequences of making (or not making) an LPA
- Communicate their decision (this can be through speech, writing, or other means)
If there is any doubt about capacity, a medical professional (usually the parent's GP) can provide a formal capacity assessment. This is not mandatory for all LPAs, but it provides evidence that the parent had capacity when the LPA was made, which can prevent challenges later.
What role does the certificate provider play?
The certificate provider is especially important when the donor is elderly. They must independently confirm that your parent understands the LPA and is not being pressured into making it. For elderly parents, a professional certificate provider (such as their GP or a solicitor) may be more appropriate than a personal acquaintance, as their professional assessment carries more weight if the LPA is ever challenged.
The certificate provider must speak with your parent privately, without any family members present. This is a safeguard against undue influence — even well-intentioned family members can inadvertently pressure a parent.
How do you handle family dynamics?
Setting up LPAs for elderly parents can bring family tensions to the surface. Common issues include:
- Sibling disagreements about who should be attorney. The decision belongs to the parent, not the children. Try to respect their choice.
- Concerns about one sibling having too much power. Appointing multiple children as joint and several attorneys provides oversight and balance.
- A parent who wants to appoint someone the family disagrees with. As long as the parent has capacity, they have the right to choose their own attorneys.
- Step-family complications. Second marriages, step-children, and blended families require careful thought about who has what role.
Naming "people to notify" (Section 7 of the form) can help address some concerns — these people are informed when the LPA is registered and can raise objections if they have concerns.
What about parents who receive benefits?
The OPG registration fee of £92 per document may be waived (full exemption) if your parent receives certain means-tested benefits, including:
- Universal Credit
- Income Support
- Income-based Jobseeker's Allowance
- Income-related Employment and Support Allowance
- Pension Credit (Guarantee Credit element)
- Housing Benefit
A 50% fee remission is available if your parent's annual income is below £12,000. Check the OPG website for full details.
How to set up an LPA for an elderly parent
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
Here is a practical step-by-step:
- Step 1: Start the conversation gently. See our guide on setting up LPAs for parents for conversation tips.
- Step 2: If there are any concerns about capacity, arrange a GP assessment first.
- Step 3: Sit with your parent and complete the free LPA questionnaire together. Let them see their answers on the real official form.
- Step 4: Choose a suitable certificate provider — ideally a professional for elderly donors.
- Step 5: Generate the completed documents (£39 per document or £69 for both types).
- Step 6: Print the forms. If your parent does not have a printer, myLPA Guide offers a print-and-post service for £25.
- Step 7: Organise the signing. Your parent signs first, then the certificate provider, then the attorneys. A signing guide is available for £67 from myLPA Guide.
- Step 8: Submit to the OPG with the £92 fee per document (check for exemptions).
What if your parent is already in a care home?
A parent in a care home can still make an LPA, provided they have mental capacity. However, there are some additional considerations:
- An employee of the care home cannot be the certificate provider.
- The certificate provider must speak with your parent privately, which may require arranging a private room.
- If your parent has difficulty writing, someone else can fill in the form on their behalf, but your parent must direct the answers and sign (or make a mark) themselves.
Do not wait
The single most important piece of advice for elderly parents' LPAs is: do not wait. Every day without an LPA is a day where a sudden health event could leave your family without legal authority. The process can be started for free today and completed within days. Registration takes 8–12 weeks, so the sooner you begin, the sooner the protection is in place.